구상금
1. The Defendants amounting to KRW 97,700,000 for each Plaintiff and KRW 5% per annum from March 3, 2015 to March 21, 2016.
1. Basic facts
A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with C, D, and E, and the said insurance contract provides that the Plaintiff shall pay insurance money to the Plaintiff in the event the Plaintiff’s children are different by a non-life-free motor vehicle (including a motor vehicle covered only by liability insurance) (hereinafter “non-life-free special agreement”).
(ii) the Defendant A is the owner and operator of the F vehicle (hereinafter referred to as “Defendant vehicle”) and the Defendant’s vehicle is covered by liability insurance only.
B. Around August 21, 2013, Defendant B, at around 23:00, driven the Defendant’s vehicle and passed the front of the H restaurant located in Daegu-gu G, and, in violation of the new subparagraph, Defendant B, a child of C, who was a child of the victim I, who was a child of C, was working for left-hand turn at the intersection while entering the intersection in violation of the new subparagraph.
(hereinafter referred to as “instant accident”). C.
The plaintiff paid insurance proceeds and recovered liability insurance proceeds according to the non-insurance coverage agreement, according to the non-insurance coverage agreement, the insurer paid insurance proceeds of KRW 138,260,750 to the I up to March 2, 2015, and received KRW 40,560,750 from the Silung Fire Marine Insurance Co., Ltd., the liability insurer of the Defendant vehicle, as the insurance proceeds.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of whole pleadings]
2. Occurrence of liability for damages and acquisition of the right of subrogation by insurers;
A. According to the facts of recognition of the Plaintiff’s acquisition of the Plaintiff’s right to indemnity against the Defendants, the instant accident is recognized to have been caused by the negligence of Defendant B, which occurred in violation of the signals at the intersection, and thus, Defendant B, the operator of the Defendant vehicle, who is the driver of the Defendant vehicle, is obliged to pay insurance money within the scope of damages suffered by I due to the instant accident, to the Plaintiff who subrogated to I.
B. I due to the instant accident within the scope of the right to indemnity.